Answers for readers: booze

Summer brings barbecues, feel-good holidays, boating and long days watching baseball, which for a lot of us means celebrating with a few cold ones.

The days between Memorial Day and Labor Day tend to be the deadliest on the roads, much because of DUIs. And last year the state upped the penalties on BUIs, or boating under the influence.

Check out the many reader questions we’ve fielded over the years about drinking, either in bars or on your own. Now you can’t say you didn’t know the rules.

Photo: GRANT M HALLER / seattlepi.com file

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<p>Q: I heard that someone can be busted for DUI if they’re behind the wheel of a car that’s in park, or if a trooper sees them put the keys into the ignition and attempt to start driving. Is that true?</p>
<p>A: Every situation is evaluated on a case-by-case basis, State Patrol Trooper Dan McDonald said. Drivers in some cases can be cited for physical control of vehicle under the influence.</p>
<p>Many physical control and DUI cases are gross misdemeanors.</p>
<p>McDonald said there’s no clear, defining line for physical control cases, which is why incidents are evaluated on a case-by-case basis.</p>
<p>In part, state law says one could be guilty of physical control under the influence if "within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher (is) shown by analysis of the person’s breath or blood."</p> less

<p>Q: I heard that someone can be busted for DUI if they’re behind the wheel of a car that’s in park, or if a trooper sees them put the keys into the ignition and attempt to start driving. Is that ... more

Photo: GRANT M HALLER / seattlepi.com file

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<p>Q: Is it legal to sleep in your car if you believe you are too drunk to drive home?</p>
<p>Can a DUI be given to a person sitting in a non-running vehicle, passenger or driver, if it is obvious there has been no accident, property damage and no drunk driving report has been called in to police?</p>
<p>A: It is possible for a driver to be arrested, but not for drunken driving, Bellevue Police spokesman Greg Grannis said.</p>
<p>But someone in the car can be arrested for what police call “physical control,” depending on where the car is.</p> less

<p>Q: Is it legal to sleep in your car if you believe you are too drunk to drive home?</p>
<p>Can a DUI be given to a person sitting in a non-running vehicle, passenger or driver, if it is obvious there has ... more

Photo: File photo

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<p>Q: The legal blood-alcohol limit for driving a car is .08. But what’s the level for walking down a Seattle street? Is there a limit and can people be ticketed for walking down the street drunk?</p>
<p>A: “The answer is no,” Seattle police spokesman Sean Whitcomb said. “We are glad that people would choose to walk rather than drive drunk. In the interest of safety, consider walking your intoxicated friends home.</p>
<p>“People are vulnerable when intoxicated, and there are potential hazards to pedestrians that might be difficult to avoid when under the influence of alcohol. You could even say that friends don’t let friends walk drunk.”</p> less

<p>Q: The legal blood-alcohol limit for driving a car is .08. But what’s the level for walking down a Seattle street? Is there a limit and can people be ticketed for walking down the street ... more

Photo: LINDSEY WASSON / seattlepi.com file photo

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<p>Q: Does putting a paper bag around a beer guarantee that you won’t get a ticket for violating the city’s open container law?</p>
<p>A: No, police spokesman Mark Jamieson said. “It’s still an open container of alcohol.”</p>
<p>People are not allowed to “open a bottle, can or other receptacle containing liquor in a public place,” possess those items in a public place or consume liquor in a public place, according to city law.</p>
<p>Officers have to determine that someone is drinking alcohol, but the smell or behaviors of the person carrying the bag are typically a giveaway, Jamieson said. The bag also looks suspicious.</p>
<p>“If you’re drinking a bottle of milk, why do you need the bag?” Jamieson said.</p>
<p>The fine for violating the open container law is $27.</p> less

<p>Q: Does putting a paper bag around a beer guarantee that you won’t get a ticket for violating the city’s open container law?</p>
<p>A: No, police spokesman Mark Jamieson said. “It’s still an open ... more

Photo: JORDAN STEAD / SEATTLEPI.COM

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<p>Q: Can you go to jail if you take a beer outside the bar you ordered it from?</p>
<p>A: If you accidentally walk out of a bar with a bottle of beer in your hand it’s unlikely you’ll go to jail. However, it could be another story if you have warrants or commit a crime.</p>
<p>In the beer bottle scenario, the person running the bar will likely face a more serious punishment than the person who leaves with a drink. A bar staff member could face a misdemeanor charge.</p>
<p>If a patron paid for the bottle of beer, police say by leaving he or she would be violating open container and public consumption laws.</p>
<p>The fine for violating the open container law is $27.</p>
<p>People are not allowed to “open a bottle, can or other receptacle containing liquor in a public place,” possess those items in a public place or consume liquor in a public place, according to the city law.</p> less

<p>Q: Can you go to jail if you take a beer outside the bar you ordered it from?</p>
<p>A: If you accidentally walk out of a bar with a bottle of beer in your hand it’s unlikely you’ll go to jail. ... more

Photo: JORDAN STEAD / SEATTLEPI.COM

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<p>Q: Can a bartender be fined if someone they’re serving is drunk or disorderly?</p>
<p>A: It can happen.</p>
<p>The situation is outlined in the Washington Administrative Code, which states liquor licensees have the responsibility to control their conduct and the conduct of employees and patrons on the premises at all times.</p>
<p>In most scenarios, licensees or employees may not be permit a disorderly person to stay at the bar or “engage in or allow behavior that provokes conduct which presents a threat to public safety.”</p>
<p>The punishment for a specific employee is a misdemeanor, according to a reference guide from the State Liquor Control Board.</p> less

<p>Q: Can a bartender be fined if someone they’re serving is drunk or disorderly?</p>
<p>A: It can happen.</p>
<p>The situation is outlined in the Washington Administrative Code, which states liquor ... more

Photo: MERYL SCHENKER / seattlepi.com file

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<p>Q: If someone refuses to give their blood in a DUI investigation, can police get it anyway?</p>
<p>A: Yes.</p>
<p>In vehicular assault or vehicular homicide cases, police said they can take a blood draw with probable cause.</p>
<p>The state Supreme Court decided a few years ago it was legal for officers to get a search warrant and force blood draws from people suspected of drunken driving.</p> less

<p>Q: If someone refuses to give their blood in a DUI investigation, can police get it anyway?</p>
<p>A: Yes.</p>
<p>In vehicular assault or vehicular homicide cases, police said they can take a blood ... more

Photo: GILBERT W. ARIAS / seattlepi.com file

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<p>Q: What legally defines “exhibiting” effects of liquor?</p>
<p>A: “Exhibiting” means odor on someone’s breath and either in possession or in close proximity to a container that recently had liquor in it, or by exhibiting signs (speech, manner of appearance, behavior lack of coordination) that they are under the influence of liquor, according the Liquor Control Board.</p>
<p>That definition comes from state law, which outlines the law against furnishing alcohol to minors.</p>
<p>It’s a gross misdemeanor for a minor to be in a public place or vehicle in a public place while exhibiting effects of liquor.</p> less

<p>Q: What legally defines “exhibiting” effects of liquor?</p>
<p>A: “Exhibiting” means odor on someone’s breath and either in possession or in close proximity to a container that recently had ... more

Photo: GILBERT W. ARIAS / seattlepi.com

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<p>Q: Can a driver who was stopped and asked to take a field sobriety tests request to be given a breath test?</p>
<p>What happens if someone recently had back surgery or is nervous or does not speak English as his native language?</p>
<p>A: Someone can always request a preliminary breath test, but there are times when one is not available, State Patrol trooper Dan McDonald said.</p>
<p>“That’s why officers don’t make their decision to arrest solely based on the results of the PBT, but rather on their overall observations of the subject,” he said.</p>
<p>DUI investigations can be complicated.</p>
<p>“The standardized field sobriety test’s and the Breathalyzer test are just two of the many elements to a DUI investigation,” McDonald said. “Physical impairments, native languages and nervousness will all be taken into consideration by the investigating officer when determining if someone is too impaired to drive and whether or not an arrest needs to be made.”</p> less

<p>Q: Can a driver who was stopped and asked to take a field sobriety tests request to be given a breath test?</p>
<p>What happens if someone recently had back surgery or is nervous or does not speak ... more

Photo: seattlepi.com file

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<p>Q: My wife and I were recently told at a store that they couldn't sell us a bottle of wine because only one of us had our ID available. They said since we were clearly buying our groceries together, we both needed to show IDs.</p>
<p>We asked if a parent buying alcohol with their kid in tow would be turned away and didn’t get a clear answer. This seems like a ridiculous law. How does it work?</p>
<p>A: Says Liquor Control Board spokeswoman Anne Radford:</p>
<p>"State law prohibits the sale of alcohol to minors. Checking ID is the best way to verify that a customer is 21 or older.</p>
<p>"State law doesn’t require businesses to check ID. Many businesses have in-house policies that outline what forms of acceptable ID employees can accept and who will be checked. These policies help employees conduct work activities in the same way. For example, a store may require employees to check the ID of every customer purchasing alcohol, regardless of how old they look."</p> less

<p>Q: My wife and I were recently told at a store that they couldn't sell us a bottle of wine because only one of us had our ID available. They said since we were clearly buying our groceries together, we ... more

Photo: GILBERT W. ARIAS / seattlepi.com file photo

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<p>Q: Is it legal for me, an average guy with no special permits or licenses, to mail a beer using the postal service?</p>
<p>A: No.</p>
<p>The aviation mail security and hazardous materials webpage for the United States Postal Service states: “Other items, such as alcoholic beverages (beer, wine, liquor), are not considered hazardous but are prohibited, and boxes displaying such markings are also prohibited.”</p>
<p>For most violations of Washington liquor laws, the penalty for a first offense is a misdemeanor. Those misdemeanors are punishable by a fine of not more than $500, or by imprisonment for not more than two months, or both.</p>
<p>However, if you mail a single beer and get a $500 fine and two months in jail, you either have an extenuating circumstance, a terrible defense attorney, or both. </p> less

<p>Q: Is it legal for me, an average guy with no special permits or licenses, to mail a beer using the postal service?</p>
<p>A: No.</p>
<p>The aviation mail security and hazardous materials webpage for ... more

Photo: ROBIN LAYTON

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<p>Q: I know bars have to close in Washington at 2 a.m. But when can they open again?</p>
<p>A: 6 a.m.</p>
<p>Washington Administrative Code specifies that licensees or their employees can’t sell, offer or deliver liquor between 2 a.m. and 6 a.m. During those hours, it’s also illegal for licensees or their employees to allow liquor to be consumed or removed from their premises.</p> less

<p>Q: I know bars have to close in Washington at 2 a.m. But when can they open again?</p>
<p>A: 6 a.m.</p>
<p>Washington Administrative Code specifies that licensees or their employees can’t sell, ... more

Photo: AP

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<p>Q: Is it legal for an off-duty officer to bring a concealed weapon into a drinking establishment? If it is legal, is it still legal if they have anything to drink?</p>
<p>A: State law prohibits weapons such as firearms in portions of an establishment classified by the State Liquor Control Board as off-limits to persons under 21 years of age. This applies to taverns, nightclubs and restaurant lounges.</p>
<p>But law enforcement officers get an exemption, Liquor Control Board spokeswoman Anne Radford said.</p>
<p>Seattle police spokesman Sgt. Sean Whitcomb said there’s no specific policy about an off-duty officer carrying a gun into a bar.</p>
<p>“We ask officers to exercise their discretion and good judgment in such matters,” he said.</p> less

<p>Q: Is it legal for an off-duty officer to bring a concealed weapon into a drinking establishment? If it is legal, is it still legal if they have anything to drink?</p>
<p>A: State law prohibits weapons ... more

Photo: JORDAN STEAD / SEATTLEPI.COM

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<p>Q: Is there a law against drinking games in bars?</p>
<p>A: The answer comes from State Liquor Control Board spokeswoman Anne Radford.</p>
<p>"There is not a state law the prohibits drinking games at a liquor licensed establishment. However, drinking games pose a great risk for the licensee, server and customer, since many drinking games involve drinking a large amount of alcohol in a short amount of time.</p>
<p>"WAC 314-11-035 and RCW 66.44.200 state that employees may not serve alcohol to apparently intoxicated customers. This public-safety violation could lead to fines or a liquor- license suspension for the licensee. The server and customer could also face penalties."</p> less

<p>Q: Is there a law against drinking games in bars?</p>
<p>A: The answer comes from State Liquor Control Board spokeswoman Anne Radford.</p>
<p>"There is not a state law the prohibits drinking games at ... more

Photo: JORDAN STEAD / THE EMERALD COLLECTIVE

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<p>Q: What’s the penalty for a bar staff member serving beer after 2 a.m.?</p>
<p>A: The person who serves it could face a misdemeanor, according to a state law reference book from the State Liquor Control Board.</p>
<p>The basics are: Bar staff may not sell beer, deliver beer, allow beer to leave their car, allow beer to be consumed at their bar during those hours.</p>
<p>Beer and liquor sales can resume at 6 a.m. with the proper permits.</p> less

<p>Q: What’s the penalty for a bar staff member serving beer after 2 a.m.?</p>
<p>A: The person who serves it could face a misdemeanor, according to a state law reference book from the State Liquor ... more

Photo: seattlepi.com file photo

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<p>Q: Is it possible to beat a Breathalyzer by sucking on a penny?</p>
<p>A: No, State Patrol trooper Keith Trowbridge said.</p>
<p>Other techniques to bust the Breathalyzer, like sucking a battery and eating loads of protein, also are urban legends, authorities say.</p>
<p>A common version of the penny rumor works on the premise that the copper mixes with alcohol in the driver's mouth and causes the Breathalyzer to malfunction, showing a falsely high reading. But it doesn't work.</p>
<p>Before giving a drunken driver a Breathalyzer, troopers check the mouth to make sure there’s nothing that could skew the results.</p>
<p>A Breathalyzer is meant to measure air from deep in the lungs. And that’s why police have a 15-minute observation period – so burps or attempted cover-ups won’t give bogus results.</p>
<p>Trowbridge said when he’s pulled over drunken drivers, he’s seen them chew gum, suck on breath mints, light up a cigarette. But the alcohol smell usually seeps through.</p> less

<p>Q: Is it possible to beat a Breathalyzer by sucking on a penny?</p>
<p>A: No, State Patrol trooper Keith Trowbridge said.</p>
<p>Other techniques to bust the Breathalyzer, like sucking a battery and ... more

Photo: Scott Eklund / Seattle Post-Intelligencer

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<p>Q: I work for a hotel downtown as a valet supervisor. Is it illegal to withhold the keys from an intoxicated driver?</p>
<p>A: The answer comes from Officer Eric Michl, of the Seattle Police DUI Squad:</p>
<p>“I am not aware of any specific law that prohibits one from handing the keys to a car over to an impaired driver.</p>
<p>“In some cases, someone who permits another to drive a car under the influence could be held criminally liable for that conduct as an accomplice. A good example of this would be the owner of a car letting another obviously impaired person operate their car. That’s on the criminal end.</p>
<p>“On the civil side a valet service could be held liable if one of their employees handed a car over to an obviously impaired person, especially if that person became intoxicated on the premises where the valet is working.</p> less

<p>Q: I work for a hotel downtown as a valet supervisor. Is it illegal to withhold the keys from an intoxicated driver?</p>
<p>A: The answer comes from Officer Eric Michl, of the Seattle Police DUI ... more

Photo: Scott Eklund / Seattle Post-Intelligencer

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<p>Q: I was at Target the other afternoon, and this woman I thought was drunk was getting in a car. I didn’t know what to do. What should I have done?</p>
<p>A: Call 911 if you suspect someone is driving drunk, police said.</p>
<P>In that Target case, ideally the person observing the woman would have called with as much information as possible about the driver, circumstances and vehicle, Seattle Police Department spokesman Jeff Kappel said.</p>
<p>Patrol officers in the area can respond to such calls.</p>
<p>Police can’t stop a driver based on an anonymous tip. In this case an officer would need to have seen some kind of traffic violation in order to pull over the suspected drunken driver.</p>
<p>Police said the woman observing the drunken driver should be willing to testify. She might not be required to – a possible charge might be pleaded out without a trial – but a witness statement can help show evidence of a driver’s intoxication, police said.</p> less

<p>Q: I was at Target the other afternoon, and this woman I thought was drunk was getting in a car. I didn’t know what to do. What should I have done?</p>
<p>A: Call 911 if you suspect someone is driving ... more

Photo: JOSHUA TRUJILLO / seattlepi.com file

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<p>Q: I recently obtained my Concealed Pistol License. If I go to a public park for an event, am I allowed to carry a concealed pistol into a beer garden? I’m not sure if the temporary fenced in structure qualifies as a prohibited “establishment” to carry a gun.</p>
<p>A: Seattle police spokesman Drew Fowler cited state law that indicates any establishment off-limits to people 21 and younger is also off-limits to weapons.</p>
<p>Indeed, a beer garden is an “establishment” for these purposes, he added:</p>
<p>“Any area, such as a beer garden, even with temporary fencing which has an age restriction, is off-limits to a CPL, or open carry for that matter. A good rule of thumb is that booze and firearms should never mix.”</p> less

<p>Q: I recently obtained my Concealed Pistol License. If I go to a public park for an event, am I allowed to carry a concealed pistol into a beer garden? I’m not sure if the temporary fenced in structure ... more

Photo: JORDAN STEAD / SEATTLEPI.COM

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<p>Q: What’s the fine if I get caught sneaking a beer into a movie theater?</p>
<p>A: Police say what will likely happen is the theater will ask you to leave.</p>
<p>“If the person didn’t leave, that’s trespassing,” Detective Jeff Kappel said.</p>
<p>Someone is guilty of trespassing of if he or she “knowingly enters or remains unlawfully in or upon premises of another,” according to the Seattle Municipal Code.</p>
<p>Police say a theater staff also could have an officer issue a trespass warning, notifying the person that he would be arrested if he returns.</p>
<p>Another option is that Seattle police could give a ticket for violating the city’s open container law. That’s a $27 fine.</p> less

<p>Q: What’s the fine if I get caught sneaking a beer into a movie theater?</p>
<p>A: Police say what will likely happen is the theater will ask you to leave.</p>
<p>“If the person didn’t leave, ... more

Photo: seattlepi.com file photo

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<p>Q: If I get a DUI while driving a boat, will that affect the driver’s license for my car?</p>
<p>A: Not in most cases, according to the State Patrol.</p>
<p>Impaired people operating a boat get busted for BUI – boating under the influence – not driving under the influence. A BUI is a gross misdemeanor.</p>
<p>“A BUI does not affect your driver’s license,” Trooper Steve Luce said. “But if you’re on probation for DUI, for example, that would count as another alcohol violation.”</p>
<p>People can have an open container in a boat and can be operating the boat with an open container, but just can’t be impaired, he said. The .08 limit for breath-alcohol level applies for boats and cars.</p>
<p>If a drunken boater seriously injuries someone, that person could face a felony charge.</p> less

<p>Q: If I get a DUI while driving a boat, will that affect the driver’s license for my car?</p>
<p>A: Not in most cases, according to the State Patrol.</p>
<p>Impaired people operating a boat get ... more

Photo: Joshua Trujillo / seattlepi.com file photo

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<p>Q: Can a bartender legally drink while working?</p>
<p>A: Not with customers while working behind a bar.</p>
<p>The issue is covered in the Washington Administrative Code.</p>
<p>Licensed beer manufacturers and their employees get an exception in some cases, as long as the sampling doesn’t happen where the public is served and the employee doesn’t “become apparently intoxicated.”</p>
<p>People sampling wine for manufacturing, evaluating or pricing product also have some exceptions.</p>
<p>Bartenders drinking with customers can be cited for a misdemeanor, according to a reference book of laws published by the State Liquor Control Board.</p> less

<p>Q: Can a bartender legally drink while working?</p>
<p>A: Not with customers while working behind a bar.</p>
<p>The issue is covered in the Washington Administrative Code.</p>
<p>Licensed beer ... more

Photo: GILBERT W. ARIAS / Seattle Post-Intelligencer

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<p>Q: How do you get your car back after being arrested for DUI?</p>
<p>A: Contact the law enforcement agency that handled the case to find where it was towed, if you don’t recall an officer telling you.</p>
<p>If a Seattle officer stopped you on a city street, call the department’s non-emergency line at (206) 625-5011.</p>
<p>The State Patrol notes that if your vehicle was impounded on a state or interstate road, the driver should call the local State Patrol office.</p> less

<p>Q: How do you get your car back after being arrested for DUI?</p>
<p>A: Contact the law enforcement agency that handled the case to find where it was towed, if you don’t recall an officer telling ... more

Photo: Joshua Trujillo / Seattle Post-Intelligencer

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<p>Q: I go to a bar where the bartenders and doormen know me, but if my identification is expired or I’ve forgotten it they say they can’t let me in. Even if we’re friends! Are they following the law or do they not know what they are talking about?</p>
<p>A: “It is up to the policy of the bar, tavern, grocery store, etc. to decide who to card,” state Liquor Control Board spokesman Brian Smith said.</p>
<p>“Some establishments have very strict policies while others leave more discretion to the bouncer or server. The penalties and public safety consequences for selling to a minor are severe, so we train licensees to be vigilant about checking ID.”</p>
<p>The Liquor Control Board requires employees to “check IDs for anyone who does not look at least 30 years of age.” But they can card people who are older.</p> less

<p>Q: I go to a bar where the bartenders and doormen know me, but if my identification is expired or I’ve forgotten it they say they can’t let me in. Even if we’re friends! Are they following the law or ... more

Photo: JOSHUA TRUJILLO / SEATTLEPI.COM

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<p>Q: A bouncer told me he’d call the cops if I tried to get into a bar again with an ID that wasn’t my license. Is that the only kind of ID I can use?</p>
<p>A: No. There are several other forms of identification that work to get into bars.</p>
<p>According to the state Liquor Control Board, the acceptable forms of identification include:
A driver’s license, ID card or permit issued by any state or province; a temporary Washington driver’s license (paper license); a U.S. military ID; an official passport; a merchant marine ID; and a Washington tribal ID Enrollment card.</p>
<p>A valid ID must show a person’s date of birth, signature (excluding U.S. military IDs), a photo and an expiration date (except tribal enrollment cards).</p> less

<p>Q: A bouncer told me he’d call the cops if I tried to get into a bar again with an ID that wasn’t my license. Is that the only kind of ID I can use?</p>
<p>A: No. There are several other forms of ... more